AT A MEETING of the CABINET of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 21 July 2008.

Chairman:

p Councillor T.K. Thornber, CBE

Councillors:

Also present with the agreement of the Chairman:

Councillors M.F. Cartwright; A.P. Collett; K.D. Evans; P.R. Edgar; Mrs C.A. Leversha; Mrs A.M. McNair-Scott.

The meeting commenced at 10.30am.

426. APOLOGIES

There were no apologies for absence as all Members of the Cabinet were present.

427. DECLARATIONS OF INTEREST

Members were mindful that where they believed they had a personal or prejudicial interest in any matter considered at the meeting declared that interest at the time of the relevant debate and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, considered whether to leave the meeting whilst the matter was discussed, save for exercising any right to speak in accordance with paragraph 12 of the code.

428. MINUTES

The minutes of the meeting held on 7 July 2008 were confirmed as a correct record subject to some minor amendments to minutes 421 (i) and 424. In respect of the penultimate paragraph of minute 4.23, some additional wording was agreed as follows:

"In the course of the ensuing discussion, the Cabinet requested the inclusion of Rushmoor Borough Council and the Joint Committee for the proposed South Downs National Park in the Central Hampshire Conference proposal."

429. CHAIRMAN'S COMMUNICATIONS

(a) Welcomed Peter Humphreys, Chairman of the Independent
Remuneration Panel, to the meeting as an observer.

(b) Reported that the County Treasurer was investigating the
position with the Inland Revenue in regard to the provision of refreshments and lunchtime hospitality for formal committee meetings, being mindful that meetings do often run into the afternoon due to the amount of business to be dealt with. The Inland Revenue had given a dispensation for refreshments at meetings, however confirmation of a dispensation in terms of the provision of a light sandwich lunch was still awaited. The provision of a light lunch would allow for a shorter lunch break to be taken to assist with the effective and timely disposal of business.

430. REPORT ON THE COUNTY COUNCIL'S RISK MANAGEMENT
ARRANGEMENTS AND ANNUAL REVIEW OF RISKS

The Cabinet considered the report of the Chief Executive (Item 5a in the Minute book) that updated Members on the County Council's programmes for risk management as well as setting out the findings of risks undertaken in departments. The Chief Executive expanded on the main points in the report, which reflected the quality of work undertaken by the Corporate Risk Manager with Members, Chief Officers and other departmental representatives.

The Cabinet Members reported on the position within their departments in terms of looking at the cross cutting issue of IT resilience and although good progress has been made to date, further work will be required. It was noted that the Children's Services and Adult Services departments had been working very closely together to ensure a consistent approach. Members highlighted the importance of robust back-up arrangements, the increasing importance of the Contact Centre and associated training issues, financial implications such as those arising from health and safety risks and the need for arrangements to be proportionate, i.e. taking a common sense approach rather than an overly bureaucratic one.

431. REPORT ON THE CORPORATE MANSLAUGHTER AND
CORPORATE HOMICIDE ACT 2007

As a linked report to the item above, the Cabinet considered the report of the Chief Executive (Item 5b in the Minute book) setting out the background to the Act, its main provisions and purpose and any potential implications for the County Council and its senior officers. The Head of Legal Practice gave a short presentation in support of the report, particularly covering the meaning of a breach of duty and a duty of care as well as exemptions and penalties. He also answered Members detailed questions.

During the course of the ensuing discussion, the Cabinet expressed concerns about the implications of the Act in regard to the emerging personalisation agenda in developing adult care services, activities at the County Council's outdoor centres, school trips and other activities and risks associated with a number of highways schemes such as the Village 30 programme. In response, officers highlighted that risk management in the light of a robust assessment together with advice supplied by the proper officer to ensure that risks can be appropriately managed was the recommended way forward. Members particularly welcomed the offer of further in-depth discussion with them to investigate further the points raised and to assist them in understanding the Act and its implications in its widest sense.

The Cabinet adopted the recommendations set out in the reports subject to a further recommendation in regard to Item 5b that a seminar be convened for all Members of the County Council, requested that Executive Members are fully briefed on the Corporate Manslaughter Act for the services they are responsible for and finally, that a presentation be given to each Select Committee. A copy of the substantive decision sheet covering both Items 5a and 5b is attached to these minutes as Appendix 1.

432. GOVERNANCE OF THE RIVER HAMBLE

The Cabinet considered the report of the Director of Recreation and Heritage (Item 6 in the Minute book) detailing the outcomes stemming from a review of the governance arrangements for the River Hamble which were introduced in 2005. The intention of the review was to see if the arrangements were operating effectively and to identify opportunities to fine-tune the system. The Head of Countryside briefly expanded on the key elements of the report, the background to the review and the suggestion by the Trust Port Study Group, who had produced a second independent document, that the River Hamble would be better governed as a Trust Port.

During the course of the ensuing debate, the Cabinet discussed the suggestion put forward by the Trust Port Study Group. In addition, they considered a further proposal to set up a quasi Trust Board with rotating Chairmanship between an elected member of the County Council and a river user representative. Having taken all the views expressed into account and given that a number of representatives of associated organisations were already co-opted members on the Management Committee, the Cabinet agreed that the existing arrangements for the River Hamble were inclusive, therefore on balance both proposals were rejected.

The Cabinet adopted the recommendations set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 2.

433. PARTNERSHIP FOR IMPROVED TWO-TIER WORKING IN HAMPSHIRE

The Cabinet considered the report of the Chief Executive (Item 7 in the Minute book) setting out proposals for a partnership for improved two-tier working in Hampshire. The Chief Executive expanded on the report and highlighted the need to promote better integrated local service delivery, particularly around efficiencies, demonstrating the effectiveness of a two tier system and bringing coherence and democratic accountability to partnership working around the implementation of the Local Area Agreement (LAA), whilst building on the existing wide collaboration amongst local authority partners.

The Leader reported on the latest position with these proposals resulting from a County Leaders Conference, save the unitary council Leaders, and broad agreement had been reached. The new partnership will be known as the "Hampshire Senate" and membership will comprise the 11 District Council Leaders and the Leader of Hampshire County Council together with the chairmen of the Primary Care Trust, Police Authority, Fire Authority, Hampshire Association of Local Councils, Hampshire Economic Partnership, Hampshire Strategic Partnership, a representative for the voluntary and community sector, Commander of Southern Command Armed Forces and the Chief Executive of the Regional Development Agency.

The Hampshire Senate intends to address the big issues of the day, therefore its objectives will be to:

· bring people together to keep government as local as possible

· add value to, and reduce the costs of, public services through working with all the public services and partners

· act as a strong united voice for all of Hampshire

· secure extra government funding for our infrastructure needs


all without the cost and disruption of reorganisation.

The Cabinet were also mindful to explicitly highlight the importance of achieving the Hampshire Local Area Agreement (LAA) performance targets and identified this as a additional objective for consideration by the Senate.

The direction of travel for the Senate would be as follows:-

· first meeting on Wednesday 10 September 2008 (former LAA Board date) to engage in direct scrutiny of the LAA's performance targets

· second meeting to undertake a mapping exercise to identify the areas where services are shared across local government and how they can be extended

· third meeting to which the Executive Members for Children's Services, Adult Services, Environment and Recreation and Heritage, together with their Directors would be invited to present their Hampshire wide strategic portfolios

As the Senate develops, further work to consolidate the wider governance arrangements such as decision making and constitutional issues would be undertaken with a view to reporting to a future Cabinet meeting.

In conclusion of a full discussion, the Cabinet endorsed the proposals emanating from the Council Leaders conference and approved the recommendations set out in the report together with an additional resolution. A copy of the substantive decision sheet is attached to these minutes as Appendix 3.

434. COUNTY COUNCIL LEADERSHIP ROLE ON CRIME AND DISORDER

Councillor M.J. Kendal declared a personal interest to record that a family member is a barrister employed by the Courts' Service.

The Cabinet considered the report of the Chief Executive (Item 8 in the Minute book) identifying how the County Council will develop its strategic leadership on community safety and build greater capacity to improve. The Head of Policy expanded on the key elements of the report and answered Members detailed questions. In welcoming the direction of travel towards a strategic approach, the Cabinet were pleased that the non-emergency 101 number would be funded for a further year at which point it would be reviewed. Furthermore, they expressed the importance that any proposal to establish a family justice centre for the Hampshire area must link into the Magistrates' Courts and reconciliation services; recognised the valuable adult protection work carried out by "Daybreak" in running Family Group Conferences; highlighted the need to address issues surrounding the fear of crime as well as real crime issues and the link between this report and the place shaping agenda in taking forward the Hampshire Senate proposals (detailed in minute 433 above).

The Cabinet adopted the recommendations set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 4.

435. EFFICIENCY AND CORPORATE REVIEWS: A MODERN BUSINESS PROVIDING PUBLIC SERVICES

The Cabinet considered the report of the Chief Executive (Item 9 in the Minute book) outlining proposals to take forward the review of corporate and central services to allow the County Council to be best placed to respond to national and regional issues whilst continuing to improve the outcomes for citizens. The Chief Executive expanded on the key elements of the report particularly highlighting preliminary work undertaken in 2007, which resulted in the identification of eight themes worthy of development and these themes will be included in the wider corporate and efficiency reviews.

In welcoming the proposals set out in the report, the Cabinet highlighted the importance of corporate Democratic Services providing expertise and business support to meet the requirements of the emerging partnership agenda and the need to reduce bureaucracy in the current internal report system in order to support more effectively the decision making process. The Chief Executive noted these points which would be taken into consideration in the forthcoming review of Democratic Services.

The Cabinet adopted the recommendations set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 5.

436. CAPITAL STRATEGY 2008

The Cabinet considered the report of the County Treasurer and Acting Director of Property, Business and Regulatory Services (Item 10) seeking approval of the County Council's updated Capital Strategy for 2008. The County Treasurer reported that the Strategy brings together the County Council's key policies for managing all its capital assets, including land, building and roads and underpins the Medium Term Financial Strategy, which is currently undergoing a public consultation. He highlighted the main changes to the version approved in 2007, namely progress on a range of projects namely, a pilot authority for the Primary Capital Programme and the Council's inclusion in the Department for Children, Schools and Families' 0-19 capital project and the opportunities that will bring.

During the course of the ensuing discussion and particularly in terms of the framework for managing the capital programme, the Cabinet were mindful of the emerging Building Schools for the Future programme and the impact of the Private Finance Initiative with recent reports that a big majority of school designs may not be fit for purpose. The current position of this programme for the County Council is to come on stream for 2011, however work was well underway and this area of work will have a big impact on how the capital programme is managed. They were also mindful of the current property market which could result in reduced and lost capital receipts and hence impact upon the financing of the capital programme which the County Treasurer would report on with the medium term financial plan. However the credit crunch and recession in the building market could also offer opportunities as well as uncertainties in the acquisition of land for future development and capital receipts.

The Cabinet adopted the recommendation set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 6.

437. EXCLUSION OF THE PRESS AND PUBLIC

Resolved:

That the public be excluded from the meeting during the following items of business, as it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information within Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act 1972, and further that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons set out in the report.

438. STRATEGIC PROPERTY REVIEW (HAMPSHIRE WORKSTYLE)

The Cabinet considered the exempt report of the Acting Director of Property, Business and Regulatory Services (Item 12 in the Minute book) seeking a number of decisions in the context of the wider property review and organisational change programme arising from work on the Ashburton court project and the Strategic Property Review. The Acting Director expanded on the key points and answered Members detailed questions.

In conclusion of a full discussion and the noting of their detailed comments about the proposals by the Acting Director, the Cabinet adopted the recommendations set out in the report. A copy of the non-confidential decision sheet is attached to these minutes as Appendix 7.

439. STRATEGIC PROPERTY REVIEW - COUNCIL STRATEGIC LAND HOLDINGS - PROMOTION OF DEVELOPMENT POTENTIAL

The Cabinet considered the report of the Chief Executive (Item 13 in the Minute book) setting out proposals regarding the County Council's strategic land holdings. The Chief Executive expanded on the key elements of the report, highlighted the background to, and influences affecting the development of the proposals.

During the course of the ensuing discussion, the Cabinet recognised the importance of the County Council positioning itself to be able to take appropriate and timely action when required, supported by further reports to the Executive Member for Policy and Resources. In conclusion, the Cabinet adopted the recommendations set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 8.

440. ACQUISITION OF EQUIPMENT

The Cabinet considered the exempt report of the Head of Corporate and Legal Services and Monitoring Officer and the County Treasurer regarding the acquisition of equipment, which had been available to all Members of the County Council. The Monitoring Officer expanded on the main points in the report.

Having given full consideration to the report and its suggested action, the Cabinet resolved the following:

That the Cabinet:

(a) note the report of the two Monitoring Officers


(b) instruct the Directors of line services to review the issues set out in the report


(c) instruct the Chief Executive to:

(i) include the specialist nature of IT procurement in the wider
procurement review agreed elsewhere on the agenda

(ii) write to all line managers regarding (i) above and the means by
which compliance in these matters can be achieved

(iii) within the 21 day period, seek counsels' opinion on the
adequacy of the above response and any other relevant matters

(iv) review and publish with the Acting Director of Property,
Business and Regulatory Services procedures relating to capital
projects where specialist equipment may be required, subject to
the relevant monitoring officers comments

A copy of the non-confidential decision sheet is attached to these minutes as Appendix 9.

Meeting concluded at 2.40pm (including a 20 minute lunch break).

Contact: Peter Andrews, ext. 01962 847309, [email protected]

1. Summary

1.1 The following decisions for Part A of the Report were made:

That Cabinet:

(a) Give a view on the approach being taken to manage the County Council's risks and whether any changes of approach are needed.

(b) Asks the Chief Executive to review the County Council's Risk Management Framework and provide an assessment on compliance and the adequacy of internal and external controls.

(c) Support the development of a cross cutting strategic risk register, owned by Chief Officers and that such a risk register is reported to Cabinet no later than September 2008.

1.2 The following decisions for Part B of the Report were made:

That Cabinet:

(a) That the Chief Executive be asked to carry out a further review of the existing health and safety arrangements in the County Council as part of a wider review of the County Council's risk management arrangements to ensure that they provide sufficient levels of assurance that robust systems of health and safety management are in place.

(b) That the Chief Executive be asked to prepare an initial report containing details of the findings of the review proposed in recommendation (a) and detailed proposals for the ongoing reporting to Members on the efficiency and effectiveness of the health and safety arrangements within the County Council for initial submission to the Risk Management Board and ultimately this Cabinet.

(c) That the Chief Executive is asked to strengthen the existing assurance arrangements in advance of the review proposed in recommendation (a), by instigating a formal audit programme in all Departments to a standard set by the Chief Executive and based on accepted national standards, with an annual assurance report to the Governance Committee.

(d) That a seminar be convened for all Members of the County Council; that Executive Members are fully briefed on the Act for the services they are responsible for and that a presentation be given to each Select Committee.

2. Reason

2.1 The County Council's risk management arrangements are designed to ensure the right balance between innovation & change on the one hand, and the avoidance of shocks and crises on the other. Managing the risks faced by the County Council in a systematic and efficient way is vital to the delivery of services that offer value for money, Outcome MP 1 in the Corporate Business Plan.

2.2 Cabinet has a role to oversee the effective management of risk by officers of the County Council and advise officers the extent to which their approach meets Members' needs.

2.3 Officers' capacity to report on the key risks affecting the County Council would be improved by the production of a register of those key strategic risks that cut across service areas.

2.4 The Corporate Manslaughter and Corporate Homicide Act 2007 presents an opportunity to review the County Council's health and safety arrangements and ensure that sufficient assurance is provided that those arrangements are followed in practise.

3. Other options considered and rejected

3.1 The framework developed for Risk Management and Health and Safety has been based on best practice, both from the private and public sectors.

4. Conflicts of interest declared by the decision maker or other Executive Member consulted - none.

5. Dispensation granted by the Standards Committee - not applicable

6. Reason(s) for the matter being dealt with if urgent - not applicable

Approved by: Date:
Councillor T.K. Thornber, CBE - Chairman

Hampshire County Council

Appendix 2

Cabinet (Item 6)

21 July 2008

Governance of the River Hamble

Report of the Director of Recreation and Heritage

Contact: David Evans tel 01489 576387 email: [email protected]

1. Summary

1.1 The following decisions were made:

a) That the River Hamble continue to be governed as a Municipal Port under the control of Hampshire County Council, and;

b) That the County Council be asked to approve the following amendments to the governance arrangements for the River Hamble, and to authorise the Chief Executive to amend the terms of reference of the Management Committee accordingly:

(1) That a single additional Member should be appointed to the Management Committee to represent the interests of all mooring and berth holders on the River and that this be balanced by the appointment of an additional Hampshire County Council Member to the Committee. The Management Committee should be invited to recommend what criteria and selection process should be invoked in the event that more than one person applies to be the mooring and berth holders representative.

(2) That the Chairman and members of the Hamble Estuary Partnership (HEP) should be invited to provide an additional forum for consultation with River Hamble stakeholder groups.

(3) That the Chairman of the HEP should be allowed direct access to the Harbour Board so that the views and advice of the HEP can be taken into account before decisions are made.

2. Reason

2.1 To respond to the recommendations contained in the review of the River Hamble governance arrangements carried out by consultants Royal Haskoning UK Ltd, as modified and agreed by the River Hamble Management Committee

and Harbour Board, and the Governance Committee of Hampshire County Council, and:

2.2 To respond to the recommendations made in the independent Trust Port Study Group, chaired by Mr Peter Nicholson CBE.

3. Other Options considered and rejected - None

4. Conflicts of Interest declared by the decision maker or other Executive Member consulted - None.

5. Dispensation granted by the Standards Committee - None.

6. Reason(s) for the matter being dealt with if urgent - Not applicable.

Approved by: Date:
Councillor T.K. Thornber, C.B.E. - Chairman

Contact: Andrew Smith Ext 7300 Email: [email protected]

1. Summary

2.1 This report presents a proposal for improved two tier working, including a new partnership for Hampshire.

The following decision was made:

(a) that Cabinet approved the establishment of a new partnership for
Hampshire, to be known as the Hampshire Senate

(b) on the basis of its successful development, a further report be presented to Cabinet on the constitutional and decision making issues

(c) that Hampshire County Council participate in government research on improved two-tier working in local government

2. Reason

2.1 This decision relates to all three of the Corporate Strategy priorities: Hampshire safer & more secure for all, Maximising wellbeing and Enhancing our quality of place.

3. Other Options considered and rejected - None.

4. Conflicts of Interest declared by the decision maker or other Executive member consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the matter being dealt with if urgent - Not applicable.

Approved by: Date:
Councillor T K. Thornber, CBE - Chairman

Contact: Dave Higlett Ext: 7385 Email: [email protected]

1. Summary

2.1 The following decisions were made:

That approval was given to:

(a) the proposed direction of travel for the Crime and Disorder Strategy

(b) the capacity building arrangements as detailed in section 8.

(c) the internal arrangements to embed more activities to reduce crime and disorder into mainstream services.

2. Reason

2.1 This decision relates to all three of the Corporate Strategy priorities: Hampshire safer & more secure for all, Maximising wellbeing and Enhancing our quality of place.

3. Other Options considered and rejected - None.

4. Conflicts of Interest declared by the decision maker or other Executive member consulted - None.

5. Dispensation granted by the Standards Committee - None.

6. Reason(s) for the matter being dealt with if urgent - Not applicable.

Approved by: Date:
Councillor T K. Thornber, CBE - Chairman

Hampshire County Council

Appendix 5

Cabinet (Item 9)

21 July 20087

Efficiency and Corporate Reviews: A Modern Business Providing Public
Services

Report by the Chief Executive

Contact: Andrew Smith Ext: 7300 email: [email protected]

CAB2108A

Contact: Jon Pittam (01962) 847400 [email protected]

Karen Murray (01962) 847876 [email protected]

1. Summary

1.1 Attached to this report is an updated version of the County Council's Capital Strategy for 2008.

1.2 The following decision was made:

That the updated Capital Strategy set out in Appendix 1 be approved.

2. Reason

2.1 The Capital Strategy prepared last year needs to be updated for use as background to the forthcoming consultations with stakeholders on the County Council's budget and capital programme.

3. Other options considered and rejected - None.

4. Conflicts of interest declared by the decision maker or other Executive member consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the matter being dealt with if urgent - Not applicable.

Approved by: ................................... ... Date: .........................

Councillor T K Thornber, CBE - Chairman

Contact: Steve Clow Ext 7857 email [email protected]

Howard Short 7833 [email protected]

Liz Truman 6633 [email protected]

Contact: Andrew Smith Ext: 7300 email: [email protected]
Ian Parker Ext: 7269 email: [email protected]

Contact: Jeff Pattison ext HPSN 200 7321 Email: [email protected] Jon Pittam ext HPSN 200 7400 Email: [email protected]

1. Summary

1.1 The following decisions were made:

That the Cabinet:

(a) note the report of the two Monitoring Officers


(b) instruct the Directors of line services to review the issues set out in the
report


(c) instruct the Chief Executive to:

(i) include the specialist nature of IT procurement in the wider
procurement review agreed elsewhere on the agenda

(ii) write to all line managers regarding (i) above and the means by
which compliance in these matters can be achieved

(iii) within the 21 day period, seek counsels' opinion on the
adequacy of the above response and any other relevant matters

(iv) review and publish with the Acting Director of Property,
Business and Regulatory Services procedures relating to capital
projects where specialist equipment may be required, subject to
the relevant monitoring officers comments

2. Reason

2.1 This decision ensure that the County Council complies with its statutory duties and puts in place measures to further improve its procurement processes.

3. Other options considered and rejected - None

4. Conflicts of interest declared by the decision maker or other Executive Member consulted - None.

5. Dispensation granted by the Standards Committee - None

6. Reason(s) for the matter being dealt with if urgent - Not Applicable.

Approved by: Date:

Councillor T.K. Thornber, CBE - Chairman